论股东派生诉讼诉权的法理基础

在股东派生诉讼中，原告股东虽非诉讼标的的直接义务主体，但在实质上，基于其股东权却与诉讼标的有着难以割舍的利害关系。股东派生诉讼提起权是股东权的实现形式之一，其程序法法理在于股东原告资格的取得实源于法律的规定，法律承认原告股东对派生诉讼具有诉的利益，突破了传统当事人的范畴，直接由法律予以授权。

On the Juridical Basis of the Shareholder's Right in Derivative Action

In shareholder's derivative action,though the shareholder as the plaintiff is not regarded as the direct subject of obligation,he is closely related to the action in terms of interests due to his right as a shareholder.In fact, he can call for the shareholder's derivative action.This right accords with the legal principle that as a plaintiff,the shareholder has the interest of claim in derivative action,which means that he is endowed with the right directly by law even though he is not the direct subject of obligation.